Lencucha, R. (2017). Is It Time to Say Farewell to the ISDS System?; Comment on “The Trans-Pacific Partnership: Is It Everything We Feared for Health?”. International Journal of Health Policy and Management, 6(5), 289-291. doi: 10.15171/ijhpm.2016.125

Raphael Lencucha. "Is It Time to Say Farewell to the ISDS System?; Comment on “The Trans-Pacific Partnership: Is It Everything We Feared for Health?”". International Journal of Health Policy and Management, 6, 5, 2017, 289-291. doi: 10.15171/ijhpm.2016.125

Lencucha, R. (2017). 'Is It Time to Say Farewell to the ISDS System?; Comment on “The Trans-Pacific Partnership: Is It Everything We Feared for Health?”', International Journal of Health Policy and Management, 6(5), pp. 289-291. doi: 10.15171/ijhpm.2016.125

Lencucha, R. Is It Time to Say Farewell to the ISDS System?; Comment on “The Trans-Pacific Partnership: Is It Everything We Feared for Health?”. International Journal of Health Policy and Management, 2017; 6(5): 289-291. doi: 10.15171/ijhpm.2016.125

Is It Time to Say Farewell to the ISDS System?; Comment on “The Trans-Pacific Partnership: Is It Everything We Feared for Health?”

Investor-state dispute settlement (ISDS) continues to plague health-oriented government regulation. This is particularly reflected in recent challenges to tobacco control measures through bilateral investment agreements. There are numerous reform proposals circulating within the public health community. However, I suggest that perhaps it is time for the community to explore a stronger position on ISDS. I draw from mounting evidence on the problematic uses of the ISDS to explore the proposition that ISDS is no longer justified. I tackle the normative question of shouldthe ISDS system persist and point out that the ISDS system is not justifiable from a development perspective and because of its nefarious use, is of no added value to a system that could rely on domestic courts.

Asiedu E. Foreign direct investment in Africa: the role of natural resources, market size, government policy, institutions and political instability. World Econ. 2006;29(1):63-77. doi:10.1111/j.1467-9701.2006.00758.x

Rose-Ackerman S, Tobin J. Foreign direct investment and the business environment in developing countries: the impact of bilateral investment treaties. http://papers.ssrn.com/abstract=557121. Accessed September 4, 2016. Published May 2, 2005.